Petitioning my mom who is currently here in the US

[Chazzie 1]

Hi everyone, I am a naturalized US citizen and I will be filing a petition for my (annulled/divorced/single) mom along with AOS who is currently here in the US as a visitor, Her I94 expires Dec 25,2012. Her old time BF just proposed to her today who is an american Citizen and plans to marry her this week.My question is, do we have to wait for my application to petition her before getting married?or should i submit it after? will it affect the process? She will be living with my future stepdad in florida ,Can she do the biometrics over there?Im aware that if we are called for interview that i might fly over there to be with her or vice versa. Am i doing the right process of petitioning her instead of the spouse- to- be- petitioning her?

Thank you so much for taking time to read my post, i know its a little complicated. and Thank you in advance for all your response.It would be greatly appreciated.

[Darnell 8,478]

instead of YOU being 'the sponser', let the new 'step dad' be the sponser. He qualifies , he's a USC. So, let HIM do the paperwork, not you.

Good Luck !

[aaron2020 11,651]

instead of YOU being 'the sponser', let the new 'step dad' be the sponser. He qualifies , he's a USC. So, let HIM do the paperwork, not you.

Good Luck !

It's better if the US citizen child petitions to adjust mom's status.

If the USC child petitions, then mom gets a 10 years green card.

If the USC husband files, then mom gets a 2 years conditional green card. She must remove condition at the end of 2 years.

Also, it's easier to prove a child/mom relationship with a birth certificate than a bona-fide marriage.

If the USC child petitions, then USC hubby cannot hold any immigration issues over mom's head. (See other threads where the USC threatens not to remove the condition or ship the LPR back home.)

If the USC child petitions, USC hubby can be the Joint Sponsor.

[JimVaPhuong 4,863]

It's better if the US citizen child petitions to adjust mom's status.

If the USC child petitions, then mom gets a 10 years green card.

If the USC husband files, then mom gets a 2 years conditional green card. She must remove condition at the end of 2 years.

Also, it's easier to prove a child/mom relationship with a birth certificate than a bona-fide marriage.

If the USC child petitions, then USC hubby cannot hold any immigration issues over mom's head. (See other threads where the USC threatens not to remove the condition or ship the LPR back home.)

If the USC child petitions, USC hubby can be the Joint Sponsor.

All excellent points!

[benuk 18]

It's better if the US citizen child petitions to adjust mom's status.

If the USC child petitions, then mom gets a 10 years green card.

If the USC husband files, then mom gets a 2 years conditional green card. She must remove condition at the end of 2 years.

Also, it's easier to prove a child/mom relationship with a birth certificate than a bona-fide marriage.

If the USC child petitions, then USC hubby cannot hold any immigration issues over mom's head. (See other threads where the USC threatens not to remove the condition or ship the LPR back home.)

If the USC child petitions, USC hubby can be the Joint Sponsor.

aaron2020 is 1000% correct....easier to process, less headache and a 10 year green card in hands!plus if the hubby says one day" thanks but no thanks!" she can walk away!

[Chazzie 1]

It's better if the US citizen child petitions to adjust mom's status.

If the USC child petitions, then mom gets a 10 years green card.

If the USC husband files, then mom gets a 2 years conditional green card. She must remove condition at the end of 2 years.

Also, it's easier to prove a child/mom relationship with a birth certificate than a bona-fide marriage.

If the USC child petitions, then USC hubby cannot hold any immigration issues over mom's head. (See other threads where the USC threatens not to remove the condition or ship the LPR back home.)

If the USC child petitions, USC hubby can be the Joint Sponsor.

Thank u so much for this wonderful info, Another question if i may, Will the process of petitioning my mom gets affected if she gets married while she is here on a tourist visa?Or will it not matter?

Thank you again!

[JimVaPhuong 4,863]

Thank u so much for this wonderful info, Another question if i may, Will the process of petitioning my mom gets affected if she gets married while she is here on a tourist visa?Or will it not matter?

Thank you again!

It doesn't affect her eligibility for a visa number, so it's not relevant.

[Chazzie 1]

It doesn't affect her eligibility for a visa number, so it's not relevant.

Thank you!

[jade_arb 3]

Correct me if I'm wrong but isn't there a possibility that USCIS can denied her mom AOS based on intent to immigrate/immigration fraud? Or at least make give them a headache? The OP posted that her mom I-94 expires on Dec,25,2012, which means that her mom should have entered the contry just a week ago, and she is already talking about filing for AOS, and her mom gettin marry this week.. I'm not immgration expert at all, but when I applied for AOS our lawyer asked us the time frame period between my entry, my marriage, and AOS.. to rule out immigration fraud base on intent to marriage with a non immigrating visa...

[GlobeHopperMama 95]

I would agree with the above poster. Before marrying or filing the petition, she should talk to an immigration lawyer experienced in the district where she will be processing her AOS (I'm guessing FL?). Immigrant intent can be an issue in the AOS process, and this can be a complication both by filing an AOS petition or by marrying a US citizen and living with him/her in short order after entering on a tourist visa. I would be very careful here before doing either of those things.

[jade_arb 3]

Something else that just came to my mind, is that when we had a interview with the lawyer that is handling my mom's AOS with a overstayed visa, was that he asked if when we applied for the B2 visa back in 2001, if we had any relative living in the US back then, and we lied or not about it... He said that if you have immiediate relatives living in the US chances of getting a B2 visa are really low to none, since USCIS doesnt want you to immigrate with a non immigrate visa..., and hiding/lying about are grounds for inadmisibility and triggers pretty much lifetime ban, since and there is no waiver that sons can file for parents. And only spouses of US citizens can file for a waiver based on hardship to the US Citizen which in this case I don't think will work since they are not already married.. I'm not saying the OP mom lied or anything, but there is so many aspects to consider and thinking of the worst case scenario.. I have learn that not everything is as easy as in seems when it comes down to USCIS.. Probably the safest route would be to apply for your mom in her country to avoid any possible denials

[Chazzie 1]

Thank you so much everyone for all the replies. On I 130 it specifically says a parent of USC is considered immediate family and that visa is always available thats why I485 can be filed concurrently as long as beneficiary entered the US legally.My mom has a multiple entry visa, She comes to visit every so often without overstaying. IO is aware she has kids here in SF who can support her.She never mentioned about her BF because she wasnt asked.She never lied to any IO.Her original plan is to come visit and then come home for Christmas,She never expected Bf will fly over here in SF to meet her family and proposed.Fiance wanted to have the wedding here as all my siblings are here. California law allows people to get married as long as they are both unmarried.Fiance is willing to do all the paperwork and go through the process but it is my choice to petition my mom.We have consulted friends and immigration lawyers and they all advised us either way, that the process can be done.I come here on VJ to seek advice who might have gone through the same experience, and gain more knowledge about the process and immigration system. I appreciate all your concerns everyone and will keep u all updated.

[Darnell 8,478]

there's 2 search engines here - have you tried using them?